§ 19-379. Standards for issuance of license.

(a)

To receive a license to operate an adult business an applicant must meet the following standards:

(1)

If the applicant is an individual:

a.

The applicant shall be at least 18 years of age.

b.

The applicant must have not been convicted of or pleaded nolo contendere to any specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony, or within two years immediately preceding the application if such specified criminal act constitutes a misdemeanor or municipal violation.

c.

The applicant must not have been subject to an adult business permit revocation within two years of the current application.

d.

The applicant must not have an active warrant filed against such person from any federal, state, or municipal law enforcement agency for a specified criminal act.

e.

The applicant must not have provided false answers in response to any information requested on the application or failed to provide any information or documentation required.

f.

The applicant must submit to the city police department where the application is for a business in the city, or to the county sheriff's department where the application is for a business outside of the city, for photographing and fingerprinting; provided, however, that the failure of the police department or sheriff's department to timely process a request for photographing and fingerprinting shall not be cause for denial of an application.

(2)

In addition to the requirements set forth in subsection (a)(1) of this section, if the applicant is a corporation or limited liability company:

a.

The corporation or limited liability company must be a state corporation or limited liability company or a foreign corporation or limited liability company authorized to do business in the state.

b.

All officers, directors, and members required to be named under section 19-378(b) and who will take an active part in the management and operation of the business shall be at least 18 years of age.

c.

At least one officer, director or member shall be and shall have been a resident of the state continuously for 30 days immediately preceding the date of the application for a license.

d.

Any officer, director, or member required to be named under section 19-378(b):

1.

Must not have been subject to an adult business license revocation within two years of the current application.

2.

Must not have been convicted of a specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony or within two years immediately preceding the application if the specified criminal act constitutes a misdemeanor or municipal ordinance violation.

3.

Must not have an active warrant filed against such person from any federal, state, or municipal law enforcement agency for a specified criminal act.

4.

Must not have provided any false answers in response to any information requested on the application.

(3)

In addition to the information requests in subsection (a)(1) of this section, if the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:

a.

All persons having a financial interest in the partnership, venture, or other type of organization shall be at least 18 years of age.

b.

No person having a financial interest in the partnership, venture, or other type of organization and who will take an active part in the management and operation of the business shall have been convicted of or pleaded nolo contendere to a specified criminal act or have entered into a diversion program for any offense defined as a specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony or within two years immediately preceding the application if the specified criminal act constitutes a misdemeanor or municipal ordinance violation.

c.

At least one person having a financial interest in the partnership, venture, or other type of organization shall be and shall have been a resident of the state continuously for 30 days immediately preceding the date of the application for a license.

d.

Any partner, manager, limited partner, or other interested party required to be named under section 19-378(b):

1.

Must not have been subject to an adult business license revocation within two years of the current application.

2.

Must not have been convicted of a specified criminal act within five years immediately preceding the application if such specified criminal act constitutes a felony or within two years immediately preceding the application if the specified criminal act constitutes a misdemeanor or municipal ordinance violation.

3.

Must not have an active warrant filed against such person from any federal, state, or municipal law enforcement agency for a specified criminal act.

4.

Must not have provided any false answers in response to any information requested on the application.

(b)

No license shall be issued if:

(1)

The correct license fee has not been tendered to the unified government and, in the case of a check or bank draft, honored with payment upon presentation;

(2)

The applicant, if an individual; any of the officers or directors, if the applicant is a corporation; or any members, if the applicant is a limited liability company; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business, has been convicted of any crime which would make any person ineligible to receive a license hereunder;

(3)

The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the unified government in conjunction therewith;

(4)

The applicant has had an adult business or other similar permit or license denied, revoked, or suspended by the unified government or any other state or local agency within two years prior to the date of the application;

(5)

The applicant, if an individual; or any of the officers or directors, if the applicant is a corporation; or any members, if the applicant is a limited liability company; or any of the partners, including limited partners, if the applicant is a partnership; or any persons required to be named under section 19-378(b) in any other type of organization; and the manager or other person principally in charge of the operation of the business:

a.

Is not over the age of 18 years; and

b.

Would be ineligible to receive a license under the provisions of this article.

(c)

No license shall be issued unless the city police department for businesses to be located within the limits of the city, or the county sheriff's department for businesses to be located outside the limits of the city has investigated the applicant's qualifications to be licensed. The results of that investigation shall be filed in writing with the license division no later than 20 days after the date of the application. The license division shall maintain the report of the police department or sheriff's department as a confidential record and shall not disclose it to any person except the members of the unified government board of commissioners, the applicant, and such other employees of the unified government as the unified government board of commissioners may designate. If the police department or sheriff's department fails to provide the report within the 20-day period, the unified government board of commissioners shall proceed with consideration of the license application.

(Ord. No. O-01-07(Res. No. R-01-07), § 1(2.5-5), 1-4-2007)